Title IX update

November 2017

WASHINGTON — American Association of University Women Chief Executive Officer Kimberly
Churches issued the following statement responding to Secretary of Education Betsy DeVos’
announcement concerning the future of Title IX enforcement.

“Secretary Betsy DeVos’ decision to open up Title IX for changes represents a blatant intent to
roll back protections for students. It is an action that is at direct odds with upholding the civil
rights of all Americans.

Make no mistake: Title IX remains the law of the land and this announcement does not alter in
any way schools’ responsibilities. DeVos’ speech noted many situations in which schools have
failed to adhere to the law. The response to this challenge is to enforce Title IX not to undermine it. The Department is currently collecting comments on all of its regulations, and thousands of people have vocalized their support for Title IX, its regulations, and current guidance. Secretary DeVos can anticipate a continued call from survivors, students, and advocates for full enforcement of Title IX.

Now is also the time for schools to step up and demonstrate that they will do the right thing for
their students even in the midst of potential rollbacks from the Department of Education. Considering that 89 percent of college campuses disclosed zero reported rapes last year — despite the fact that we know incidents are far more frequent — we should move forward and build on past progress not walk back current protections.

The American Association of University Women stands with survivors and remains committed
to protecting and defending Title IX, and to pursuing its vigorous enforcement. We must ensure
our nation’s dedication to full and equal educational opportunities for all students. After all, students’ access to an education is on the line. Schools, and the Department of Education, owe it to them to uphold their civil rights, a promise today’s announcement fails to reaffirm.

The California Legislature passed a law explicitly protecting the Obama-era guidelines, in full
defiance of the Trump Administration and Betsy DeVos.

Governor Brown disagreed with the legislation, opting to veto it. “Thoughtful legal minds have
increasingly questioned whether federal and state actions to prevent and redress sexual harassment and assault—well-intentioned as they are—have also unintentionally resulted in some colleges’ failure to uphold due process for accused students,” wrote Brown in a letter.

Brown argued that accused students were owed “the presumption of innocence until the facts
speak otherwise,” contrary to the culture of “listen and believe” pushed by advocates of Title IX.
He warned that “depriving any student of higher education opportunities should not be done
lightly, or out of fear of losing state or federal funding.”

“We have no insight into how many formal investigations result in expulsion, what circumstances lead to expulsion, or whether there is disproportionate impact on race or ethnicity,” the governor said, taking aim at the identity politics revolving around Title IX advocacy.